Mediation And Confidentiality
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Mediation And Confidentiality
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Author : Bryan A. Liang
language : en
Publisher:
Release Date : 2003
Mediation And Confidentiality written by Bryan A. Liang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Confidential communications categories.
Confidentiality In Mediation
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Author :
language : en
Publisher:
Release Date : 1985
Confidentiality In Mediation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
Confidentiality In The Model Law And The European Mediation Directive
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Author : Eva-Maria Henke
language : en
Publisher: GRIN Verlag
Release Date : 2011-07
Confidentiality In The Model Law And The European Mediation Directive written by Eva-Maria Henke and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07 with Law categories.
Master's Thesis from the year 2009 in the subject Law - Civil Action / Lawsuit Law, grade: 1,5, Stellenbosch Universitiy (Departement of Mercantile Law), course: LL.M. International Trade Law, language: English, abstract: Since international trade and commerce as well as cross-border transactions have grown rapidly the need for effective dispute resolution systems has significantly increased. Alternative Dispute Resolution (ADR) like Mediation and Conciliation serve as an alternative procedures to litigation and can be characterised as dispute resolution based on the consent of the parties. Besides being more cost-effective procedures than litigation Mediation and conciliation offer the opportunity of a settlement truly agreed upon by the parties. To secure a situation where both parties are able and willing to speak frankly over the issues in dispute, confidentiality is a key feature of mediation. This research paper evaluates how confidentiality in mediation is dealt with in different legal systems and whether improvements may be provided by implementation of the Directive on certain aspects of Mediation in Civil and Commercial Matters (hereafter "the Directive") and the UNCITRAL Model Law on International Commercial Conciliation (2002) (hereafter "the Model Law"). After an explanation of the relevant definitions of mediation and confidentiality, confidentiality rules established in typical Common - Law and Civil - Law systems are examined. Exploring the legal basis of confidentiality rules and their exceptions, special reference is made to existing gaps in the rules which cause problems in practice. Afterwards the aims, scope of application and the confidentiality provisions of the Directive as well as existing gaps and challenging matters concerning the Directive and its implementation into national law will be focused upon. Subsequently the Model Law will be considered concerning the same issues as the discussion on the Directive. A final comparison of t
Confidentiality And Victim Offender Mediation
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Author : R. A. M. van Schijndel
language : en
Publisher: Maklu
Release Date : 2009
Confidentiality And Victim Offender Mediation written by R. A. M. van Schijndel and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Confidential communications categories.
Mediation And Adr Confidentiality In Hong Kong
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Author : Gary Meggitt
language : en
Publisher:
Release Date : 2019
Mediation And Adr Confidentiality In Hong Kong written by Gary Meggitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Confidential communications categories.
It is generally accepted in Hong Kong and many other jurisdictions that mediation is 'confidential'. This book examines the three non-statutory components of mediation confidentiality in Hong Kong - contractual or equitable confidentiality; the without prejudice doctrine; and legal professional privilege - together with the Hong Kong Mediation Ordinance. This study looks at the protection which each of the components and the Ordinance affords to the participants in mediation and the deficiencies in the same. The author argues that the justification for a specific mediation confidentiality may be found in the very nature and philosophy of mediation itself and, in particular, its distinctive empowerment of the parties and its independence from the litigation process. It is contended that, to the extent that they share these qualities, other forms of ADR should be similarly protected. This book will interest and be useful to academics, students and legal practitioners interested in mediation and ADR in Hong Kong and elsewhere. The thesis upon which this book is based was awarded the University of Hong Kong's prestigious Li Ka Shing Prize.
Confidentiality In The Model Law And The European Mediation Directive
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Author : Eva-Maria Henke
language : en
Publisher: GRIN Verlag
Release Date : 2011-06-30
Confidentiality In The Model Law And The European Mediation Directive written by Eva-Maria Henke and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.
Master's Thesis from the year 2009 in the subject Law - Civil Action / Lawsuit Law, grade: 1,5, Stellenbosch Universitiy (Departement of Mercantile Law), course: LL.M. International Trade Law, language: English, abstract: Since international trade and commerce as well as cross-border transactions have grown rapidly the need for effective dispute resolution systems has significantly increased. Alternative Dispute Resolution (ADR) like Mediation and Conciliation serve as an alternative procedures to litigation and can be characterised as dispute resolution based on the consent of the parties. Besides being more cost-effective procedures than litigation Mediation and conciliation offer the opportunity of a settlement truly agreed upon by the parties. To secure a situation where both parties are able and willing to speak frankly over the issues in dispute, confidentiality is a key feature of mediation. This research paper evaluates how confidentiality in mediation is dealt with in different legal systems and whether improvements may be provided by implementation of the Directive on certain aspects of Mediation in Civil and Commercial Matters (hereafter “the Directive”) and the UNCITRAL Model Law on International Commercial Conciliation (2002) (hereafter “the Model Law”). After an explanation of the relevant definitions of mediation and confidentiality, confidentiality rules established in typical Common - Law and Civil - Law systems are examined. Exploring the legal basis of confidentiality rules and their exceptions, special reference is made to existing gaps in the rules which cause problems in practice. Afterwards the aims, scope of application and the confidentiality provisions of the Directive as well as existing gaps and challenging matters concerning the Directive and its implementation into national law will be focused upon. Subsequently the Model Law will be considered concerning the same issues as the discussion on the Directive. A final comparison of the results will lead to suggestions as to how mediation rules should deal with confidentiality issues comprehensively.
Mediation
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Author : Klaus J. Hopt
language : en
Publisher:
Release Date : 2013
Mediation written by Klaus J. Hopt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
Mediation And Confidentiality Part 1
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Author : Alva Brangam
language : en
Publisher:
Release Date : 2012
Mediation And Confidentiality Part 1 written by Alva Brangam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Mediation And Confidentiality Part 2
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Author : Brian Speers
language : en
Publisher:
Release Date : 2012
Mediation And Confidentiality Part 2 written by Brian Speers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Confidentiality In Family Mediation
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Author :
language : en
Publisher:
Release Date : 1991
Confidentiality In Family Mediation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.